Hello all,
I was wondering if anyone was/is in a similar situation as I am and found a way around it.
I recently fulfilled all the requirements for a PR under CEC requirements and sent in my application around November of 2013. About May of 2014 I received my rejection letter and it reads:
"...Your letter of employment signed by ABC (I've decided to hide the true name for sensitivity reasons) issued in October 2013 in United States does not provide your main responsibilities and duties. You also provided an "Offer of Employment" covering the period of July 2012 to August 2013, but the contract has been issued and signed in June 2013. Again your contract does not provide your duties. Your Canadian employer, ABC, does not have a business address in Canada. Therefore I am not satisfied that you acquired in Canada, within the three years before the date on which your application for permanent residence was made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix as per the requirements of Regulation 87.1(2)(a) ..."
I worked under a contract initially set for 3 months in a financial services firm in Canada (I will call it the Client, and just to note - it is a reputable firm) which was facilitated through ABC. After 3 months, my contract was extended over and over again for varying amounts of time, but totaling one full year. The offer of employment that ABC sent me whenever a contract renewal was sent, still kept the original start date. So, for instance, since I originally started in July of 2012 and my initial contract ended on September 31st 2012, the first renewal offer came before September 2012 but in the employment offer itself it did not change the start date. It still showed a start date of July 2012, the only thing being changed is the end date which is now a date that is later than September 31 2012. The letter that the CIC agent is referring to is my last offer of employment renewal that occurred around June of 2013, with an end date of August 2013. That was the only letter I provided them, as I thought it would be sufficient.
The biggest problem for me though is trying to convince CIC that I did work in Canada for one year. The Client refuses to write me any letter corroborating that I worked there since I was never officially employed by the Client, but rather by ABC itself. ABC's letter of employment on my behalf is lackluster and they cannot provide information regarding my main duties and responsibilities as they have no access to that information. To make matters worse, ABC's headquarters is in Texas. Also, after trying to get the Client to write me a letter stating that they and ABC maintain a relationship to facilitate contract hires and that I am one of them, the Client reached out to my manager whom I worked under during my one year at the Client and advised him not to write me anything.
This puts me in a very difficult place because I cannot find a way around proving what my main duties and responsibilities were, as well, I cannot prove that I worked in Canada. ABC says they have an address in Canada, and they've 'fixed' their letter to include their Canadian address, but a quick google search of that address does not return anything that easily points to ABC. It refers to a Law firm, but ABC says that it is their registered corporate address. I have yet to fully understand what that means. When I spoke to other people in the firm who were in my situation, they basically said that their managers wrote a letter anyway on the Client's official letterhead and that it served as enough proof to merit their PR approval. My manager, however, would not do it.
After the PR refusal, since my employment with ABC and the Client has ended, ABC provided me with an ROE (Record of Employment). It has all of my pay stubs in Canadian Dollars, but shows ABC with its U.S. address as the employer. Would this help in a new application? I am worried that the U.S. address will throw off CIC again.
Does anyone have any advice that they can offer? If I've left out anything please let me know, and I hope whoever else is in this boat that they find the answers.
Thank you.
I was wondering if anyone was/is in a similar situation as I am and found a way around it.
I recently fulfilled all the requirements for a PR under CEC requirements and sent in my application around November of 2013. About May of 2014 I received my rejection letter and it reads:
"...Your letter of employment signed by ABC (I've decided to hide the true name for sensitivity reasons) issued in October 2013 in United States does not provide your main responsibilities and duties. You also provided an "Offer of Employment" covering the period of July 2012 to August 2013, but the contract has been issued and signed in June 2013. Again your contract does not provide your duties. Your Canadian employer, ABC, does not have a business address in Canada. Therefore I am not satisfied that you acquired in Canada, within the three years before the date on which your application for permanent residence was made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix as per the requirements of Regulation 87.1(2)(a) ..."
I worked under a contract initially set for 3 months in a financial services firm in Canada (I will call it the Client, and just to note - it is a reputable firm) which was facilitated through ABC. After 3 months, my contract was extended over and over again for varying amounts of time, but totaling one full year. The offer of employment that ABC sent me whenever a contract renewal was sent, still kept the original start date. So, for instance, since I originally started in July of 2012 and my initial contract ended on September 31st 2012, the first renewal offer came before September 2012 but in the employment offer itself it did not change the start date. It still showed a start date of July 2012, the only thing being changed is the end date which is now a date that is later than September 31 2012. The letter that the CIC agent is referring to is my last offer of employment renewal that occurred around June of 2013, with an end date of August 2013. That was the only letter I provided them, as I thought it would be sufficient.
The biggest problem for me though is trying to convince CIC that I did work in Canada for one year. The Client refuses to write me any letter corroborating that I worked there since I was never officially employed by the Client, but rather by ABC itself. ABC's letter of employment on my behalf is lackluster and they cannot provide information regarding my main duties and responsibilities as they have no access to that information. To make matters worse, ABC's headquarters is in Texas. Also, after trying to get the Client to write me a letter stating that they and ABC maintain a relationship to facilitate contract hires and that I am one of them, the Client reached out to my manager whom I worked under during my one year at the Client and advised him not to write me anything.
This puts me in a very difficult place because I cannot find a way around proving what my main duties and responsibilities were, as well, I cannot prove that I worked in Canada. ABC says they have an address in Canada, and they've 'fixed' their letter to include their Canadian address, but a quick google search of that address does not return anything that easily points to ABC. It refers to a Law firm, but ABC says that it is their registered corporate address. I have yet to fully understand what that means. When I spoke to other people in the firm who were in my situation, they basically said that their managers wrote a letter anyway on the Client's official letterhead and that it served as enough proof to merit their PR approval. My manager, however, would not do it.
After the PR refusal, since my employment with ABC and the Client has ended, ABC provided me with an ROE (Record of Employment). It has all of my pay stubs in Canadian Dollars, but shows ABC with its U.S. address as the employer. Would this help in a new application? I am worried that the U.S. address will throw off CIC again.
Does anyone have any advice that they can offer? If I've left out anything please let me know, and I hope whoever else is in this boat that they find the answers.
Thank you.
